A5.40 Applicants normally ineligible for a temporary visa... (26/07/1999)

A5.40 Applicants normally ineligible for a temporary visa or permit unless granted a character waiver

Applicants who will not normally be issued with a temporary visa or granted a temporary visa, unless granted a character waiver include any person who:

1. has been convicted at any time of an offence against the immigration, citizenship or passport laws of any country; or
2. in the course of applying for a New Zealand visa or permit, has made any statement or provided any information, evidence or submission that was false, misleading or forged, or has withheld material information; or
3. at the time of application,
   1. has been charged with an offence, which on conviction, would make section 7(1) of the Immigration Act 1987 apply to that applicant, or
   2. is under investigation for such an offence, or
   3. is wanted for questioning about such an offence; or
4. has been convicted at any time of any offence for which they have been imprisoned.

A5.40.1 Action

Visa and immigration officers must:

1. not automatically decline the application; and
2. consider whether the applicant's reason for travel to New Zealand, and any surrounding circumstances, are compelling enough to justify making an exception to the character requirement, taking into account the public interest; and
3. record reasons for deciding whether to waive or decline to waive the good character requirements; and
4. if they decide to decline the application, raise an 'Alert' against the applicant.

Effective 26/07/1999